Malka L. Fishman v. Subway Franchisee Advertising Fund Trust, Ltd.

I. INTRODUCTION

19 Pending before the Court is a Motion to Dismiss for lack of personal 20 jurisdiction of Defendant Subway Franchisee Advertising Fund Trust, Ltd. d/b/a 21 Subway (“Subway”) and for failure to state a claim. (Mot. to Dismiss (“Mot.”), ECF 22 No. 6.) For the reasons that follow, the Court GRANTS in part and DENIES in 23 part Subway’s Motion.1

II. BACKGROUND

25 Plaintiff Malka L. Fishman (“Fishman”) brings suit against Subway and alleges 26 that Subway violated the Telephone Consumer Protection Act (“TCPA”) by using an

28 1 Having carefully considered the papers filed in connection to the instant Motion, the Court deemed the matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; C.D. Cal. L.R. 7-15. 1 automatic telephone dialing system (“ATDS”) to send an unsolicited text message to 2 her cellular device ending in “3728”. (Compl. ¶¶ 5, 9, ECF No. 1.) On or about 3 September 3, 2016, Fishman alleges that she received a text message outside the scope 4 of any consent that she may have provided to T-Mobile. (Compl. ¶ 24.) The text 5 message stated “This T-Mobile Tuesday, score a free 6” Oven Roasted Chicken…